According to an Arizona Supreme Court enactment updating Ethical Rule 3.8, prosecutors are required to turn over to defense attorneys any evidence showing the possible innocence of a convicted person, and prosecutors must take it upon themselves to get the conviction reversed if they find “clear and convincing evidence” proving the defendant’s innocence, the Arizona Republic reports. The role of the prosecutor is to represent all citizens, “and therefore they, like judges, are held to higher standard and should help
Arizona prosecutors frequently find themselves under the magnifying glass for their behavior and tactics in court, and the results of this type of close examination tend to reveal several forms of error and misconduct during trial. Although prosecutor faults are identified, they are very rarely corrected. In fact, many of the trials that include prosecutor misconduct remain unaffected and unchanged despite the recognition of errors during trial. In fact, prosecutors themselves do not usually face any serious consequences. According to
Court decisions from around the country are questioning the standard testing for alcohol levels in those suspected of drunk driving. For years, a series of tests have been conducted by law enforcement to uncover elements common in people who have been suspected of drinking and driving. Officer observations are followed by roadside testing. Chemical breath tests and/or blood tests are collected as further evidence. The accuracy of this process, and breathalyzer tests in particular, is being scrutinized through a landmark
Ryan Ferguson, a 29-year-old Missouri man, was released from prison in November after the Missouri attorney general chose not to retry him for the slaying of Columbia Daily Tribune sports editor Kent Heitholt in 2001. Ferguson, only 17 at the time of the murder, was given a 40-year sentence after being implicated by friend, Chuck Erickson. He was released after Erickson admitted he and an eyewitness lied in court. Ferguson’s conviction was overturned after an appeals court ruled his trial
Maricopa County Superior Court Judge Warren Granville denied former Phoenix police officer Richard Chrisman’s request to have his aggravated assault charge thrown out on Nov. 13. In 2010, Chrisman was charged with murder and animal cruelty after he responded to a domestic violence call and it ended with the death of 29-year-old Daniel Rodriguez, in a south Phoenix trailer according to the Huffington Post. The Arizona Republic reported in November that Chrisman and his defense attorney Craig Mehrens once again
Thanksgiving is the deadliest holiday of the year when it comes to drunk driving, according to Corso Law Group. “Many people incorrectly assume that New Year’s Eve is responsible for the most drunk-driving deaths,” said John M. Rhude, Esq, of Corso Law Group. “In reality, Thanksgiving Day accounts for more fatalities related to DUIs than any other holiday. And because people don’t take it seriously, the fatality statistics continue to remain high.” According to a 2009 Forbes magazine study, an
Jessica Dever-Jakusz, a Tempe police officer, resigned earlier this month because of her involvement in a criminal investigation for hindering prosecution. Dever-Jakusz was a part of the show “Job Swap”, where she went to Switzerland for a week to patrol driving violations of citizens in Zurich. She received national attention for her participation in the show and her colleagues told CBS 5 that she was a “well-liked, well-respected officer.” The allegations surrounding Dever-Jakusz have been handed down to the Maricopa
An Ohio football player, Nick Andre, was suspended from Rittman High School for four days and kicked off his football team after writing a poem about his frustration with the team. Andre wrote the poem, which he titled “Stupid”, as part of a project in his English class. Andre felt that he was just expressing his opinion and had the right to speak out under free speech. The principal of Rittman claimed that his poem was a form of harassment
Randall Amado, a Crips gang member in California, was convicted of aiding and abetting a senseless murder in 1998. Amado’s gang hung out at a bus stop in Los Angeles along a bus route that would also pass through the gang area of the Crips’ rivals, the Bloods. The Bloods rode the bus through the Crips territory and would often taunt the Crips. Amado and others from his gang decided to take matters into their own hands and get on
Former Maricopa County prosecutors and current Arizona defense attorneys Christopher Corso discuss every American’s fundamental right in criminal cases – the right to be represented by an attorney.
